Whitehead’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evi-dentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Pennie v. Obama · 14 F. Supp. 3d 760 - Marceaux v. Lafayette City-Parish Consolidated Government

2. “First, based on its familiarity with the issues and litigants, the district court is better situated than the court of appeals to marshal the pertinent facts and apply the fact-dependent legal standard mandated by Rule 11. Second, the district judge is independently responsible for maintaining the integrity of judicial proceedings in his court and, concomitantly, must be accorded the necessary authority.”

   1 later decision quote this exact passage · from the dissent
   e.g. Worrell v. Houston Can! Academy

3. “[Glenerally, district courts do not sanction attorneys [or parties] who make nonfrivolous representations. A district court may do so, however, where it is objectively ascertainable that an attorney [or party] submitted a paper to the court for an improper purpose.”

   1 later decision quote this exact passage · from the dissent
   e.g. Gregory D. Lavitt and Debra C. Lavitt